Pubdate: Thu, 30 Sep 2004 Source: Amarillo Globe-News (TX) Copyright: 2004 Amarillo Globe-News Contact: http://amarillonet.com/ Details: http://www.mapinc.org/media/13 Author: Greg Cunningham Bookmark: http://www.mapinc.org/tulia.htm (Tulia, Texas) COLEMAN TRIAL TO MOVE Perjury Case to Be Heard in Lubbock Court in January TULIA - Eight Swisher County juries backed Tom Coleman in the 1999 Tulia drug bust, but a ninth jury, which will have the final say on the controversial undercover officer's fate, will not be from Tulia. Visiting Judge David Gleason overruled defense attorneys' objections Wednesday and ordered the perjury trial of Coleman moved to Lubbock early next year. "In my opinion, the publicity surrounding the entire situation - including Mr. Coleman's appearance on national television - has been vast, to say the least," Gleason said in handing down his decision. "It is the court's opinion that a fair trial cannot be held in Swisher County." Coleman, dressed in a suit jacket and tie, was quiet at the hearing, but his Dallas attorney, John Read, was much less reticent after the verdict. "I think this is terrible," Read said. "I want the people here to decide what happens to Tom Coleman. There's a principle involved here." Coleman is at the center of the controversy surrounding the Tulia drug bust, in which 46 people, 39 of them black, were arrested. Coleman was the star witness - and generally the only substantial witness - at eight trials in which defendants were convicted and given long prison sentences. Most of the rest of the defendants took plea bargains to avoid long jail terms. The cases against the Tulia defendants started to fall apart when allegations of misconduct in Coleman's background surfaced. The state's cases were dealt a further blow at evidentiary hearings last year when Coleman gave testimony that appeared to conflict with earlier statements. That testimony led to pardons for nearly all of the defendants and indictments on three counts of aggravated perjury for Coleman. Prosecutors favored the change of venue, as did Gleason, who submitted his own motion to move the trial. Read and fellow attorney Kirk Lechtenberger disagreed, calling several witnesses in opposition to Gleason's motion. The witnesses, community leaders from Tulia, were united in their belief the trial could and should be held in Tulia. "I'd like to see any trial that's about what we're doing here be held here," said insurance agent Bob Colson. "I think we need to make the decision about it." Swisher County Sheriff Larry Stewart was first on the stand, saying Tulia residents are capable of putting aside their opinions on the case to render a fair decision. "My opinion is based on living in this community as long as I have," Stewart said. "And I believe this community will look at the facts and make a fair decision." The hearing featured a preview of the fireworks likely to explode at the trial between fiery prosecutor Rod Hobson and the equally passionate Read. Hobson irked the defense team by mentioning a defense motion for change of venue that was never officially filed with the court and seemed to run counter to their opposition for moving the trial. "Mr. Hobson knows not to get into that," Lechtenberger said as he shot to his feet just slightly ahead of Read. "That's a bad-faith effort and inappropriate unless he wants to get into all his dirty laundry." While the defense team angrily voiced its objection, which Gleason overruled, Hobson coolly poured himself a glass of water. After the hearing, Hobson's fellow prosecutor, John Nation, said Gleason's decision was a sound one. The change of venue was never about benefiting one side over another, but simply about the practicality of finding 12 jurors in Tulia who had no relation to the case and no strong opinions about what happened in 1999, he said. "The bottom line is I just don't feel you would be able to seat a jury in a town this small that has been through a controversy this big," Nation said. "Everybody in this town is either involved in the case, related to someone who is or has a strong opinion." Coleman's trial is tentatively set for the week of Jan. 10. - --- MAP posted-by: Richard Lake